Special counsel Jack Smith resigns after submitting Trump report to the attorney general
Jan 11, 2025
The Justice Department has asked a federal appeals court to move swiftly in reversing a judges order that had blocked the agency from releasing any part of special counsel Jack Smiths investigative report on President-elect Donald Trump.The emergency motion late Friday is the latest back and forth in a court dispute over whether any portion of Smiths report can be made public before Trump takes office Jan. 20. The push to release it before Trumps inauguration reflects concerns that the Justice Department under the Trump administration, which will include members of his personal legal team in key leadership roles, would be in position to prevent the report from coming to light.The Justice Department revealed in a separate filing on Saturday that Smith resigned from the department on Friday after having submitted his Trump report to the attorney general. The move had been expected.The department is hoping to release in the coming days one part of its two-volume report focused on Trumps efforts to undo the 2020 presidential election that he lost to Democrat Joe Biden. The department has said it will not publicly disclose a separate volume about Trumps hoarding of classified documents at his Mar-a-Lago resort in Florida after he left the White House in January 2021 as long as criminal proceedings against two of Trumps co-defendants remain pending.Both investigations resulted in indictments of Trump, though Smiths team abandoned both cases in November after Trumps election win. Smith cited Justice Department policy that bars the federal prosecution of a sitting president.The Atlanta-based 11th U.S. Circuit Court of Appeals denied an emergency defense bid Thursday to block the release of the election interference report, which covers Trumps efforts before Capitol riot on Jan. 6, 2021, to undo the results of the 2020 election. The appeals court left in place an injunction from a Trump-appointed lower court judge, Aileen Cannon, that said none of the findings could be released until three days after the matter was resolved by the appeals court.Lawyers for Trumps co-defendants in the classified documents case, Trump valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, then asked Cannon to extend her injunction and to hold a hearing on the merits of their request to halt the release of the report.The Justice Department responded late Friday by asking the appeals court to immediately lift Cannons injunction altogether. The filing noted that in addition to temporarily blocking the release of the election interference report, Cannons action also prevents officials from sharing the classified documents report privately with the leaders of the House and Senate Judiciary committees.Cannons order is plainly erroneous, according to the departments motion.The Attorney General is the Senate-confirmed head of the Department of Justice and is vested with the authority to supervise all officers and employees of the Department, the Justice Department said. The Attorney General thus has authority to decide whether to release an investigative report prepared by his subordinates.Justice Department regulations call for special counsels to produce reports at the conclusion of their work, and its customary for such documents to be made public no matter the subject.William Barr, attorney general during Trumps first term, released a special counsel report examining Russian interference in the 2016 U.S. presidential election and potential ties to the Trump campaign.Bidens attorney general, Merrick Garland, has also released special counsel reports, including about Bidens handling of classified information before Biden became president.Story by Eric Tucker